legal last name?

[Numniuk 2]

I am trying to fill out the divorce papers and looking at the marriage certificate and I can not tell what her "legal" name is. Is it still her last name or mine? She did not get a social security number due to an error so she had no name change there nor have a number, that I know of (she been gone for over a year to where, I don't know) so I do not know on the divorce paper to file if I cross of her maiden name and keep my last name, or cross off my last name

the marriage certificate has her name filled out but no mention of my last name as hers

 

[NikLR 13,220]

Whatever she is currently using.  After the divorce is over she may, or may not, revert to her maiden name. 

[Numniuk 2]

1 minute ago, NikLR said:

Whatever she is currently using.  After the divorce is over she may, or may not, revert to her maiden name. 

i would have to assume her last name is still legally my last name

[NikLR 13,220]

4 minutes ago, Numniuk said:

i would have to assume her last name is still legally my last name

If that is what she uses on her ID etc, then yes.  Until the divorce is final your last name is legally still here. 

[Numniuk 2]

Just now, NikLR said:

If that is what she uses on her ID etc, then yes.  Until the divorce is final your last name is legally still here. 

while we were together she had no id

no ssn, no drivers lis (could not drive), no state id (she did not want to get one)

as far as i know while we were together she doesn't have any id but her passport

[NikLR 13,220]

1 minute ago, Numniuk said:

while we were together she had no id

no ssn, no drivers lis (could not drive), no state id (she did not want to get one)

as far as i know while we were together she doesn't have any id but her passport

Did she arrive on a K1 or CR1?

[Numniuk 2]

Just now, NikLR said:

Did she arrive on a K1 or CR1?

k1 fiancee visa

[NikLR 13,220]

1 minute ago, Numniuk said:

k1 fiancee visa

So her name was on nothing? Was she planning on assuming your surname?

[Numniuk 2]

9 minutes ago, NikLR said:

So her name was on nothing? Was she planning on assuming your surname?

yes she was taking my last name

the only thing she may have signed (was two years ago) with my last name was the apartment lease but she no longer lives there with me

other than that there was nothing else signed, nothing "official" while we were married

[NikLR 13,220]

Then put her married name as her last name.  She signed something with it.  

Or ASK a lawyer

[Numniuk 2]

11 hours ago, NikLR said:

Then put her married name as her last name.  She signed something with it.  

Or ASK a lawyer

finally got a hold of the ones handling the divorce. they said if there is no paperwork for a name change, then to use her birth name

thanks yall

 

Edited May 24, 2018 by Numniuk

[betelgeuse 5]

there's no info on your marriage license that she took your last name? mine states that I took my husband's last name

[Illiria 980]

15 hours ago, betelgeuse said:

there's no info on your marriage license that she took your last name? mine states that I took my husband's last name

Not every state has this explicitly listed, I got married in Nevada and it lists only my maiden name but no line for what I wish to be called after marriage. It is still a legal document for name change purposes, meaning I can use it to show I can use my husbands last name. 

[Ontarkie 13,967]

There should be a spot to list her married and her maiden name. 

[Numniuk 2]

not this states marriage certificate no

all good now though with crossing out my last name from hers on it and the lawyer said if it were wrong it would not technically cause an issue